76-9-1119. Ordinances, rules, and regulations.
237 words·~1 min read·
/ut/title-76/chapter-9/76-9-1119A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
76-9-1119. Ordinances, rules, and regulations.
(1)Except as provided in Subsection
(2)or (3), an ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if:
(a)the ordinance, rule, or regulation affects:
(i)the minimum age of sale for a tobacco product, an electronic cigarette product, or tobacco paraphernalia;
(ii)the provision or sale of a tobacco product, an electronic cigarette product, or tobacco paraphernalia;
(iii)the flavoring of a tobacco product or an electronic cigarette product;
(iv)the purchase or possession of a tobacco product, an electronic cigarette product, or tobacco paraphernalia; or
(v)the placement or display of a tobacco product or an electronic cigarette product; and
(b)the ordinance, rule, or regulation is not essentially identical to a state statute relating to the applicable subject described in Subsection (1)(a) .
(2)A governing body of a political subdivision of the state or a state agency may adopt an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through
(v)if the governing body of a political subdivision of the state or a state agency is authorized by statute to adopt the ordinance, rule, or regulation.
(3)Subsection
(1)does not apply to the adoption or enforcement of a land use ordinance by a municipal or county government.
Renumbered and Amended by Chapter 173 , 2025 General Session